Hibbing v. Hyde (1875) · DecisionDepot

Hibbing v. Hyde

Name: California Superior Court Tentative Rulings
Creator: DecisionDepot
License: https://creativecommons.org/licenses/by-nc/4.0/

California Supreme Court Jul 1, 1875 No. No. 4215Published

Before: McKinstry

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Holding. In an action for malicious prosecution, the plaintiff must prove that the underlying criminal proceeding terminated in their acquittal. Because the plaintiff proved he was found guilty of the charge, the action cannot be maintained.

Issues

Whether a plaintiff can maintain an action for malicious prosecution when the underlying criminal charge resulted in a conviction.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“In an action for malicious prosecution of a criminal charge, the plaintiff must prove that the prosecution, alleged to have been malicious, has terminated by his acquittal.”

Synopsis

Malicious Pbosecutioh.—In an action for malicious prosecution of a criminal charge, the plaintiff must prove that the prosecution alleged to have been malicious has terminated by his acquittal.

By the Court, McKinstry, J.: The plaintiff alleges in his complaint that the defendant maliciously, and without probable cause, charged the plaintiff, before a justice of the peace, with having committed the crime of malicious mischief. Plaintiff also alleges that he was tried and found guilty of the crime charged; and this averment he succeeded in proving at the trial of the present action.

In an action for malicious prosecution of a criminal charge, the plaintiff must prove that the prosecution, alleged to have been malicious, has terminated by his acquittal. (Rhodes v. Silvers, 1 Harr. 127; 2 Greenl. Evidence, 252; 1 Hill on Torts, 416; Hilliard, Remedies for Torts, 385.)

Judgment and order affirmed.

Hibbing v. Hyde

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